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SYRIAN ARCHDIOCESE OF N.Y. v. PALISADES ASSOC.

110 N.J. Super. 34 (1970)

264 A.2d 257

SYRIAN ANTIOCHIAN ORTHODOX ARCHDIOCESE OF NEW YORK AND ALL NORTH AMERICA, A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. PALISADES ASSOCIATES, A LIMITED PARTNERSHIP, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided April 13, 1970.

Attorney(s) appearing for the Case

Mr. J. Mortimer Rubenstein for plaintiff (Mr. Allan M. Harris on the brief; Messrs. Rubenstein, Albert and Loukedis, attorneys).

Mr. Samuel J. Davis for defendant.

Mr. Milton Prigoff for intervenors (Messrs. Lebson and Prigoff, attorneys).

MOUNTAIN, J.S.C.

This is a declaratory judgment action in which other incidental relief is sought. On April 7, 1969 plaintiff acquired by deed from defendant Palisades Associates a tract of land in the Borough of Alpine, Bergen County. By the terms of the deed plaintiff-grantee covenanted as follows:

FIRST: That there shall not be erected or maintained on the premises hereinabove described and hereby conveyed...

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